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Is Hillary Constitutionally Qualified?
By J. D. Longstreet
We often refer to the US Constitution as an inconvenient document. And it is… if you want to make an end run around the US system of laws. It can be VERY inconvenient for those who are used to sailing close to the wind, so to speak, or those who live their lives in the gray zone of legality. The thing is… the constitution has very few gray areas.
Even as I write, the presumed President-Elect of the US, Mr. B.H. Obama, is in a self-made protracted struggle to answer legal questions about his constitutional qualifications to even BE President of the US, the position to which he has just been elected. (Obama is, at best, PRESUMED to have been elected. Whether he has been elected, or not, cannot be certain until after the electoral votes are counted. Until then — he is actually, and in fact, the Presumed President-Elect.) Now, Obama’s appointee to be the US Secretary of State is having the eyes of legal scholars cast upon her qualifications as well. Needless to say, this is NOT an auspicious beginning for Mr. Obama’s presidential administration. I am very afraid this is the sort of thing we are going to be subjected to for a good portion of Mr. Obama’s stay in the Oval Office.
Let’s take a look at the Constitution and see what the problem is… in so far as it may affect Mrs. Bill Clinton. Article One; Section Six of the Constitution says the following:
(The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (The preceding words in parentheses were modified by the 27th Amendment, which says the following: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.)
They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
The paragraph above (in bold/Italic type) is the portion of the constitution, which has raised eyebrows concerning Hillary Clinton’s possible disqualification to hold the office of SecState.
The Constitution plainly says that no member of Congress, either the House of Representatives or the Senate, can hold an appointed office if that office received an increase in salary during the time the appointee served in the House or the Senate. The idea was to avoid having someone benefit from a salary increase for which he, or she, voted approval. Now, I dare say, most of us do not keep track of the salaries of cabinet members. So, after a little light research on the Internet, we learned that President Bush signed an executive order, which approved a salary increase for the Secretary of State, on January 4th, 2008. That order raised the SecState’s salary from US$186, 600 dollars a year to US$191, 300 dollars per year.
Another pesky Republican raising another annoying red flag in an atrempt to sabotage the process of a duly elected democrat president, you say? Nope. This is the work of another pesky democrat. Senator Robert Byrd of West Virginia who just happens to be the senior member of the US Senate and, some say, a very fine scholar, indeed, on the US Constitution.
So, what to do? Well, this has happened before. Back in 1973, President Richard Nixon nominated Sen. William Saxbe, of Ohio, as Attorney General. Nixon did this right after he had fired the top officials at the Justice Department in the midst of the Watergate mess. See, he had fired the Attorney General, Elliot Richardson, in that “Saturday Night Massacre” as it was referred to in those days. Problem was… Saxbe was, in fact, a member of the Senate in 1969 when Congress voted to increase pay for cabinet secretaries.
How was this resolved? Well, Congress simply voted to reduce the salary of the Attorney General to what it is was before the offending raise in 1969 and the Senate went on to confirm Saxbe.
Senator Byrd objected to Saxbe’s confirmation on constitutional grounds at the time saying in a story, which appeared in the Washington Post, that the constitution was: “so clear that it can’t be waived. In my judgment, the bill itself shouldn’t be passed. We should not delude the American people into thinking a way can be found around the constitutional obstacle.” You can read that story at:
So, what will happen? Well, based strictly on what we have seen the “Honorables” do in the past… my best guess is that Hillary will be the next Secretary of State… even if the Senators have to make that “end run” around the oh, so inconvenient, Constitution as they did for the Nixon appointee.
Adhering to the Constitution would mean that Hillary would not be eligible to hold the office of Secretary of State until the year 2013… at the earliest. I mean… LEGALLY speaking, you understand. But, as we have pointed out and warned about on so many previous occasions, never, ever, bet on the Congress doing the right thing when it is easier for them to do the expedient thing.
There is an excellent article on this titled: “Byrd’s Office Explores Constitutionality of Sen. Clinton Serving as Secretary of State” at CNSNEWS.COM at:
Hillary Clinton WILL BE the next Secretary of State… if she really and truly wants the office. Expecting the Senate to follow the law of the land would be a lame expectation, indeed.
J. D. Longstreet
When it first began it seemed nothing more than a trifling matter which was destined to be quashed in a few days never to be heard of again. Now, however, it has taken on a life of it’s own and is growing, it seems, exponentially each day. The question of whether, or not, Mr. Obama is eligible to be President of the US is snowballing into what could become another constitutional crisis for the US
We Americans are used to all sorts of questions being thrown around about our political candidates. As a result, many of us are just yawning and looking away as a few hardheaded citizens demand that Mr. Obama, the “presumed” President-Elect, is asked about proof of his US citizenship.
The US Constitution, another inconvenient piece of US law, demands (Under Article Two, Section One) that one be a natural born citizen of the US to serve as it’s President. Here are the exact words: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the age of thirty five Years, and been fourteen Years a Resident within the United States.”
OK, so why not put the rumors and, even worse, the bevy of lawsuits, to rest by simply producing proof of citizenship by showing the world a valid birth certificate? See, that’s the part I cannot, for the life of me, understand! This entire dustup could be resolved and the hounds nipping at the heels of the soon to be President brought to heel. I just DON’T GET IT!
OK, so what happens if it turns out that Mr. Obama is NOT a natural born citizen? Well… we’d have a constitutional crisis … is what. That is the last thing we need at this moment in our history.
This issue needs to be settled before the oath of office. It must be settled. Can you even imagine the damage done should Mr. Obama assume the presidency only to be found out some time later to be, shall we say, less than qualified? What about all the appointments he might make? Every one of them would have to be recalled. In the mean time, what do you do about all the decisions THEY might have made while holding their respective offices illegally? They’d all have to be overturned. And… who would be Commander-in-Chief of the US Armed Forces? What about all the executive orders he makes… and the Bills the Congress hands up to him for his signature making them the law of the land? Would those laws not be null and void? Can you see the complications this could, and would, have on our nation?
There is an excellent article on this at The Bulletin. It’s titled: “Obama Fomenting A Constitutional Crisis: Constitutional Lawyer Discusses Ramifications Of Controversy”. You’ll find it at:
In case you haven’t heard it from the Mainstream Media, the Supreme Court Justices will meet Friday, December 5th and review a case, which challenges the eligibility of Mr. Obama to serve as this nation’s President.
Pennsylvania attorney Philip J. Berg has now filed an emergency motion for immediate injunction asking the courts to halt state certification of electors in order to stop the Electoral College from meeting on December 15th and casting their votes for Mr. Obama. At the same time, Berg is seeking to stop the official vote count, which is scheduled for January 6th until the court decides on his appeal. By the way, in case you are wondering… Mr. Berg is a democrat.
This issue is not going away until it is faced head on, by Obama, and put to rest by producing proof of his birth as an American citizen. Why drag this out? Why not produce the document in question and let’s move on.
J. D. Longstreet
Petition To Prove Obama’s Eligibility To Serve As President Of The US
By J. D. Longstreet
There is a petition circulating right now, which calls for the public release of Obama’s real birth certificate in order to prove that he is, indeed, a natural born US citizen and eligible to serve as this country’s President. .
I know, I know. There shouldn’t have to be such a thing. You’d think that a person fully qualified to be President of the US, under the terms set forth in the Constitution, and other US laws, would be more than happy to lay it all out and squash these rather harsh accusations that claim he is not qualified. Well, wouldn’t you?
But, for whatever reason, the Obama camp is doing everything in their power to stop the lawsuits, which number in the teens now, from making their way through the courts and eventually forcing him to hand over those documents and prove his eligibility to serve as POTUS.
There is a petition “demanding that the constitutional eligibility requirement of Obama be taken seriously and that any and all controlling legal authorities in this matter examine the complete birth certificate of Barack Obama, including the actual city and hospital of birth, and make that document available to the American people for inspection.”
You’ll find the petition at:
We urge you to go over to this site and at least inspect the very simple and easy to understand petition… and… if you feel it is important that only Americans serve as President of the country, then sign the petition. This needs to be done as quickly as possible.
It’s our country, as Americans, and we still have a few rights left… at least temporarily. Let’s use them… before we lose them.
J. D. Longstreet
Rid The Sea Lanes Of Piracy.
I reside just minutes from the Atlantic Ocean and the coast of North Carolina and those barrier Islands along our coast which made for wonderful hiding places for the pirates of yesteryear. The Coast of North Carolina is drenched in folklore about pirates. The infamous Blackbeard was captured here and decapitated. The sports teams of at least one noted university here are named “The Pirates.” So, we Tar Heels have a colorful history of interaction with pirates as does our sister state to the south. .
That was then. This is now.
Again the high seas are infested with pirates. Their aim is the same… to rob and steal. But now, they have added ransom.
Recently we heard of an Ocean Liner being attacked, but managing to speed away. A few days later, in the same waters, a freighter was attacked. It, too, managed to get away. As I write, at least one of the largest vessels afloat, an oil tanker, is being held for ransom by a handful of modern day blackhearts in full view of the world, and the world’s navies, including warships of the US Navy.
Our own Caribbean is littered with modern day pirates. Yachts disappear to show up at some other location, with a different registration, and different name. Sometimes passengers disappear, too.
On at least two different occasions in our history, under two Presidents, Thomas Jefferson and Teddy Roosevelt, the US Navy, and Marines, had to rid the coast of Africa of pirates. The Barbary Coast Pirates.
I bring up these particular pirates because they were based along the African coast, mainly the North African coast. The pirates we seem to be having the most trouble with today are also on the African coast, but the east African coast…the coast of Somalia to be more exact. So far this year, alone, those pirates have attacked over 90 ships. They have managed to hijack 39 freighters, tankers, and fishing vessels. At least 14 of them are currently anchored, under heavy guard, off pirate villages along the coast of Somalia. Estimates run as high as 30 million dollars paid in ransom money.
Turns out it is not as easy today as it used to be to take on the pirates. All sorts of national and international laws tie the hands of governments and makes them less than eager to take on a couple of dozen men with small arms and two or three rubber boats. But there is an outfit, based here in North Carolina, eager to do what the governments of the world sea powers are reluctant to do. I speak, of course, of Blackwater Worldwide.
Equipped with their own warship, the McArthur, Blackwater is looking to provide a new service to the merchant navies of the world. Blackwater offers to escort paying customer’s ships through the pirate infested waters, safely. Their plan is simple: Issue verbal warnings to approaching vessels which appear to have piracy in mind, followed by a few shots in the air, and if that fails… then the sharpshooters aboard a couple of helicopters, flown from the deck of the McArthur, will do their job by taking out as many barefooted pirates as it takes to discourage the attack.
Already Blackwater is receiving inquiries from dozens of shipping companies and shipping insurance companies concerning Backwater’s services in escorting their ships through the world’s most dangerous waters.
There is an excellent article on all of this at:
The country of Somalia still has no functioning government and it is a breeding ground for this type of activity.
Teddy Roosevelt, the last President of the United States to deal with Barbary Pirates, had the opportunity to use the big stick he carried and, he did just that. He sent seven battleships from the Atlantic Fleet to the North African Coast. It worked and the pirates backed down.
This blight on the oceans will not go away if we turn a blind eye. It will get worse. Eventually they will manage to stop and board a passenger liner and death and destruction will be the result. Or, terrorists will seize an oil tanker, sail her into the harbor of one of the world’s great cities, and blow it up with unbelievable death and devastation as the result.
Now is the time to hunt them down and destroy them… even if that means following them to their center of operations in the seacoast villages of the country, or countries, providing them safe haven.
J. D. Longstreet
The End Of The World, Or Not?
By J. D. Longstreet
1. Obama’s “hold out your hand to everyone” foreign policy is going to be a catastrophe. They’ll love it in Europe. They’re probably laughing their heads off about it in the Middle East already.
2. The US hasn’t suffered a terrorist attack by al Qaeda since 9/11, but we’ll get at least one during Obama’s term.
3. We’re going to lose in Afghanistan.
4. Iran will get nuclear weapons. There will be nuclear war between Iran and Israel. (This is the only irreversibly terrible thing I see upcoming, and it’s very bad indeed.)
These are not my predictions. They are from an article by Steven Den Beste titled: “Not the End of the World.” You’ll find the full article at:
A friend of mine emailed Mr. Beste’s article to me and, after reading it, I thought I would pass it on to my readers.
There are, indeed, some critical times ahead for the US. There is no doubt about it. Mr. Beste has given us things to ponder over the next few months as we wait out the end of Mr. Obama’s term in office.
During that time, however, conservatives are going to have to decide the route they intend to take to remain a force in American politics. It is more than a little obvious that remaining in the GOP and expecting to be a movement to “be reckoned with” is now out of the question. We have, for all intents and purposes, been told to “sit down and shut up,” or, get out. Many of us have chosen to become Independent Conservatives until such time as a viable Conservative Party can be organized to promote our ideology. That may be a long time coming. I am not detecting movement in that direction and the lack of motivation toward that end troubles me greatly.
There comes a time in any effort when you reach the point of diminishing returns. It appears, at least to me, that conservative efforts within the GOP have reached that point. For evidence one only has to consider the manner in which the GOP campaigned during both the election cycles of 2006 and 2008. Both those campaigns underscored the GOP’s snubbing of the conservative wing of the party.
It is time to stop crying in our beer and get off our collective behinds and get to work building a conservative party. The sooner… the better.
J. D. Longstreet
We Need Heroes!
By J. D. Longstreet
In my youth heroes did abound. There were, first and foremost, the military heroes, then the sports heroes, even the guy down the block who saved the neighbor’s cat by climbing the tree to retrieve the cat, he, too, was a hero. But it is not so, anymore.
Humans need heroes. Heroes remind us that there is a better side to us. Heroes remind us that we DO have it in us to be better than we are… to accomplish what was thought to be the impossible, and that we do have it in us to defend those things most precious to us, like our families and our homes and even our country. But today you would think there are no heroes.
There are the quiet heroes who live among us, even in our very homes, every day. The parents striving to make a living and see that their kids get what they need to create, for themselves, a better life than that of their parents. Rarely are they ever mentioned among the phalanx of everyday heroes.
Military heroes went out of style during the Vietnam War. Although many, many, Vietnam veterans came home as a heroes, they were not accorded that status by their fellow Americans. Many were reviled and even spat upon. Men who had answered their country’s call and gone to war, and had every right to be accorded the status of heroes were, instead, shunned by American society.
When I was a boy, there actually were sports heroes. Oh yes. Joe De Maggio, Ted Williams, and the list goes on and on. No any longer. Professional athletes tell us they have no desire to be a ROLE MODEL, A HERO, if you will. And they aren’t. Many we would silently think of as heroes turn out to be abusing drugs, which brings into questions their athletic triumphs. So, we no longer have sports heroes.
Well, you may ask, what about the neighborhood guy who climbs trees and rescues felines for the neighbors children? What about him, huh? Well, that cat is stranded now, for good and all, except in the rare case where the local fire department will agree to come rescue the critter. Why? Well the neighborhood guy is concerned that if he should climb that tree and break a limb, some enviro- nut group will sue him. If he should accidentally harm the kitty, while in the attempt to rescue her, then the animal welfare groups might sue him, and if the kitty scratches the kids he returns it to, he might well be sued for allowing those children to play with a dangerous animal.
See the direction America has taken… and why, there are no heroes today? It is, indeed, far too risky to be a hero today.
And then there is the “Moral Relativity” problem. Here in America, the Moral Relativity adherents rule the day. Now known as “political correctness”, we are indoctrinated, from day one, that all men are created equal. Well, one can easily put the lie to that… if one wanders into the shower room of any military barracks in the world, or walk down a crowded beach in July. All men are NOT created equal. All men are guaranteed an equal shot at life, and it’s abundance, here in America by the constitution, but that is as far as it goes… or at least, that is as far as it SHOULD go.
Now, if you believe that all men are equal then you cannot have heroes. Because the very nature of heroism means that one person has exceeded the level playing field of equality and has become better than his fellow man in some way.
We used to understand that, in this country, and we celebrated our heroes. Look back at Audey Murphy, the most decorated soldier of the Second World War. A tiny little fellow, unimposing, but the man had the heart of a lion. He was a true hero.
And there was The Duke. Yep, John Wayne. So far as I know Duke never served his country in uniform. Except that, actually, he did. He portrayed such heroes, so often, and so convincingly on the American movie screen, that he became one. He played role after role of a hero in different uniforms of our military service. Those western characters he portrayed paid homage to the early days of America on the frontier. He became a hero. The thing with Wayne was that “what you saw was what you got”. Off screen, he was the same man he played on screen. And that came through, clear as a bell, in the characters he portrayed.
Say what you will about the Duke, but he taught, at least one generation of American men, what it meant to be a man… and even more importantly what it meant to be an American man.
Heroes provide us with role models. “We don’t need role models”, you may argue. Oh, but we do, I would argue back. Role models teach our children important lessons about who they are and of what they are capable.
When I first reported for military training at Fort Jackson, South Carolina, back on July 5th, 1959, I had no idea what I was capable of. None. I thought I did. But, boy, how wrong I was.
I weighed approximately 126 pounds. And that was soaking wet! And then they took us up to a place known then as “Tank Hill”. That’s where you went, in those days, when you reported to Ft. Jackson to be whipped into shape as an American soldier. Eight weeks later, having survived pure hell, I left that Army post a brand new American soldier, believing I could lick the world, if necessary, single handed.
How did it happen? One important factor of that training was that there were genuine heroes training us. The Instructor cadres were men who were veterans of the Second World War and the Korean War. Men who had seen the worst the enemy could throw at them and they rose above it… and won!
We had a First Sergeant, with an Irish name, and all the accoutrements, including the blue eyes and red hair. Never saw him that he didn’t have a bayonet scabbard hanging from his web belt. Never. He was a sergeant in the manner of old first sergeants. That guy was something to behold. When he walked into a room, or onto a training field, all the noise became muted and all eyes were on him. He commanded respect. For those of us un-initiated, at the time, there was one huge question we all wanted ask and that was… “Why”? After a few weeks, I screwed up enough courage to ask one of the lowly buck sergeants what it was about the Top Kick that brought all that respect.
The sergeant pointed to the Top Kick’s bayonet. “You see that”, he asked? I assured him I couldn’t miss it. The sergeant went on to say there was a story behind that bayonet. He told me that even though he didn’t know all the details he knew that the Top Kick had saved his squad, in Korea, by charging an enemy machine gun nest with nothing but that bayonet in his hand. He over ran that enemy gun emplacement and put the machine gun out of action and saved the lives of his men. For his actions the Army had award him a medal. His fellow soldiers had awarded him something far more precious… their respect.
As I listened in awe, I came to understand the awe, in which his men held him, that day. And… I had something of an epiphany, and that was… that… even heroes need heroes. The men training me were genuine war heroes, and yet… they looked up to the Top Kick as THEIR hero.
It is the nature of the human beast. We need “markers” to show us what we can achieve. Those who rise above the rest ARE those “markers” and we call them heroes.
America has become a nation in limbo. Having no markers, no heroes, to look to we are wandering about in a sea of disillusionment, not knowing who we are. Oft times we are discouraged from accomplishments, which exceed the norm. We are told it is better to remain a non-entity than to accomplish more than one’s neighbors, and rise above them, for in so doing we make those who seek to remain equal feel ashamed, or less important that we.
To that I say… “Tough!” It is that kind of thought that is killing the American spirit. It is that kind of thought that is killing America… period! It is that kind of thought that is ushering in socialism in America with Mr. Obama at the point of the socialist spear.
America used to be a “can do” nation. Now we are a “can you do it for me?” nation. We have not yet recognized that those who willingly “do it” for us will soon reign over us. Why, the naysayers have us believing we can actually lose the war in Iraq! They have us believing we can’t fight two wars, on two fronts, and win! We’ve already put the lie to that argument. We fought the Germans, the Italians, and the Japanese, all at the same time, and came away victorious over all of them. And we fought, not just in two relatively small countries in the same region, but all over the GLOBE!
Regardless of what you may think, or you may have been taught, there are persons among us who are heroes. These are persons who have risen above and simply not been recognized by a society that has chosen to hide itself in the mire of equal aspirations based upon our society’s lowest common denominator.
We desperately need a hero to lead this nation through the dark decades ahead. We are facing an enemy, which wants us dead and will stop at nothing to wipe us out. We need a leader who is not afraid of taking the tough stands, and making the hard decisions, which may lead to the deaths of countless numbers of our enemies, but, in the end, save the USA.
But can a man, such as that, be elected in America anymore? Probably not. Can a man, such as that, be found among us? Oh yes! But I must warn you… they are few and far between. You see… some say America stopped producing “real men” in the 1960’s. And those of the male persuasion, who survived the ‘60’s, are now teaching our male children what THEIR definition of a real man is and, dear reader, it is far from what nature created the human male to be.
So what are America’s options? Frankly, I don’t see any. We, as a nation, are destined to ride this train to the end of the line. You see, when a people, voluntarily, choose to emasculate themselves, they must pay the price. America has only begun to pay that price.
J. D. Longstreet